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(영문) 의정부지방법원 2017.06.07 2016고합559
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2] On November 13, 2008, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Jung-gu District Court Goyang Branch, and the execution of the sentence was terminated on August 27, 201 by the said prison. On July 7, 2016, the Defendant was sentenced to ten months of imprisonment for a crime of false accusation at the Jung-gu District Court Goyang Branch Branch, which became final and conclusive on December 29, 2016.

[Criminal facts] On July 2013, the Defendant promised to develop a golf program and make joint investments with the victim E who has a golf D sales right, and did not collect money from the victim under the pretext of business funds, etc.

On September 26, 2013, the Defendant, at the coffee specialty store located in Ilyang-gu Mealdong, called, “F re-inducing the name of the representative as a matter of the arrears of the additional collection charge, and there is no money to file a civil suit to resolve this, because the sentence recorded as the representative is not limited to KRW 1 billion.” The Defendant, on October 25, 2013, called, “A lending KRW 30 million to the victim as a director, and then, on October 25, 2013.”

In addition, on November 18, 2013, the Defendant concluded a joint business contract with the victim at the Defendant’s house located in G and 110 dong 1902, and the Defendant concluded a joint business contract with the victim, and said, “the funds are required to start the business, and the Defendant is not a fund to contribute KRW 300 million to the victim.” As security, the Defendant said, “The Defendant is to pay KRW 165 million including borrowing KRW 120 million from the face of the week to December 30, 2013, including borrowing of KRW 300,000,000,000,000 including borrowing of KRW 12,00,000 from the face of the week.”

However, in fact, the F (State) did not go to a new company and did not have any particular property, etc. and was thought to be used for living expenses or personal use to receive money from the injured party, and the car was under a mortgage in the lease company and H.

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